Nguyen and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr. Nguyen against a decision of the Administrative Appeals Tribunal (AAT) affirming a decision by the Secretary of the Department of Social Services. The dispute centred on Mr. Nguyen's eligibility for a disability support pension, specifically whether he met the threshold for a permanent impairment rating under the relevant legislation.

The primary legal issue before the AAT was whether Mr. Nguyen's various medical conditions, including impaired spinal function, depressive disorder, diabetes, and left shoulder discomfort, resulted in a total impairment rating of 20 points or more as prescribed by the Impairment Tables. This threshold was a prerequisite for satisfying paragraph 94(1)(b) of the Social Security Act 1991 (Cth) and thus qualifying for the pension.

The Tribunal found that Mr. Nguyen's left shoulder discomfort was not diagnosed or treated during the relevant qualification period, leading to the conclusion that this condition was not fully diagnosed, treated, and stabilised. Consequently, no impairment rating was assigned for this condition. As a result, the Tribunal determined that Mr. Nguyen's total impairment rating was zero points, falling short of the required 20 points. This meant that the further consideration of whether he had a continuing inability to work, as stipulated in paragraph 94(1)(c) of the Act, was unnecessary. The Tribunal affirmed the Secretary's decision.